Browsing by Author "Galarza Mullo, Marco Alexander"

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    La responsabilidad del estado por afectación de la Naturaleza: caso minería ilegal de la Provincia de Napo
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Galarza Mullo, Marco Alexander; Saca Balladares, Melinton Fernando
    The case of the State's responsibility for the affectation of nature due to illegal mining in the province of Napo, Ecuador, highlights the legal and environmental challenges that arise when economic interests collide with environmental conservation. Napo, a region rich in biodiversity and natural resources, has been affected by illegal mining, which has caused environmental damage such as mercury contamination of rivers and deforestation of forested areas. The main discussion revolves around the responsibility of the Ecuadorian State in the protection and preservation of the environment. It is questioned whether existing policies and regulations have been adequate to prevent and control illegal mining, especially in vulnerable areas. Lack of effective law enforcement and insufficient regulation have allowed these illegal activities to persist, exacerbating the negative impacts on the natural environment and local communities that depend on it. The case underscores the need for the State to assume responsibility for environmental damage caused by third party activities. It emphasizes the importance of strengthening monitoring and control systems, as well as improving institutional capacities to ensure effective compliance with environmental regulations. The implementation of remediation and compensation measures is proposed to mitigate environmental impacts and restore the ecological balance in the affected areas. Thus, according to a qualitative approach methodology, through the search for information and jurisprudence related to the case studies, it was determined that in Napo the importance of public participation and the crucial role of environmental organizations and local communities in the surveillance and protection of natural resources stand out. Civil society plays a fundamental role in denouncing illegal activities and promoting sustainable practices that harmonize economic development with environmental conservation